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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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Can you explain what the term below is all about to apply

Resolved Question:

Hi
Can you explain what the term below is all about
to apply for a ‘grant of representation’ - known as ‘probate’.
My mother passed away very recently leaving no will and my estranged brother in law and sister told me they would fill a probate and whether I would like to be included. I also read that only the next of kin can do this. My mum had me down as next of kin in the hospital.
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.
What is the approx
Expert:  F E Smith replied 11 months ago.
What is the approximate value of the assets left by your late mother?Is there any land or property or a house involved?
Customer: replied 11 months ago.
As far as I know the estate is minimal just a small bank account and a small life policy. However, I would like to know if they can go ahead and apply without me and what happens next.
Customer: replied 11 months ago.
waiting for reply ?
Customer: replied 11 months ago.
sorry there is no reply from you
Customer: replied 11 months ago.
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Expert:  F E Smith replied 11 months ago.
If someone dies and leaves assets, savings (but no land or property) worth less than about £20,000, then the banks and financial institutions will allow family members to deal with distribution of the assets without the need for Probate.The Grant of Probate is a system whereby the Probate Registry produces a document called a Grant which gives the authority for executors to deal with the assets of the estate.If there is property involved, regardless of the size of the estate, there must be an application for Probate.If there is no will, it is a similar application for what are called Letters of Administration.From what you have said, it seems likely that there would be no need for Probate if the value of the estate is under £20,000. If that is the case, only one family member needs to apply to the financial institutions to deal with the assets. They sign a document which needs to be sworn in front of a solicitor, wherein they confirm that they have the authority to deal with the estate assets on behalf of the beneficiaries.If the assets are over £20,000 all land/property is involved and you want to be involved along with your siblings with the application and your siblings refuse to include you, you can place a Caveat at the probate registry which prevents the grant taking place until such time as you have removed it which you would only do when they involve you in the process.Can I clarify anything for you?
Customer: replied 11 months ago.
thank you this is becoming more clear for me. So if my brother in law fills in the application for himself, and after any payments are made, is he entitled to any left balance or does he have an obligation to divide equally between the two children
thank you
Customer: replied 11 months ago.
Can you also let me know what the process is for me to apply for a letter of administration
thank you
Expert:  F E Smith replied 11 months ago.
There is no point in applying for Letters of Administration if the estate is under £20,000 because it quite simply is not needed.If there is no will, the only surviving relatives are the children, the proceeds are divided equally.Here is the application process.https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representationPlease do not forget to rate the service. It is an important part of the process so that experts get paid for their time. Thank youBest wishes FES
F E Smith, Advocate
Category: Law
Satisfied Customers: 8976
Experience: I have been practising for 30 years.
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